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FRENCH FACE OF THE WEEK

WOMEN

Hero of French fathers, or ‘macho misogynist’?

A desperate, loving father kept from his son, or a manipulative, abusive attention-seeker? Either way, it was impossible to ignore his dramatic four-day protest in Nantes from Friday to Monday. Meet Serge Charnay, our French Face of the Week.

Hero of French fathers, or 'macho misogynist'?
Serge Charnay, waving from a 43-metre crane in Nantes, on February 17th, the third day of his protest to reclaim the right to visit his estranged son. Photo: Frank Perry/AFP

Who's Serge Charnay?

Serge Charnay is a 42-year-old man from Nantes in western France who spent three nights and four days suspended on a crane this week, to protest for the right to visit his six-year-old son Benoit.

Tell me more.

Well, Charnay has been engaged in a bit of a one-man mission for the last 18 months, after he was accused of kidnapping his son in 2011, and denied all visitation rights since then. When he and wife got divorced in 2009, a family court gave Charnay custody of Benoit on one out of every three weekends. But in 2011 Charnay took his son to Ardèche, a picturesque region of south-central France, but didn’t bring him back for two whole months. He had already been warned after a similar incident in 2010 and his ex-wife accused him of kidnapping Benoit. Charnay lost all custody rights and was later sentenced to a year in prison, and served four months, for threatening his ex-wife and attacking her father.

So what happened this week?

Last Friday morning, February 15th, Charnay climbed a 43-metre crane in Nantes, unfurled a banner reading “Benoit – two years without his dad”, and painted “Save our children from the courts” onto the front of the crane itself.

He refused to come down until a meeting had been held between France’s justice minister Christiane Taubira, and a number of organizations dedicated to the rights of fathers. Charnay sent intermittent texts to the media, and held phone conversations with journalists on live TV. He declined offers of food, water and medicine, but for a few hours on Saturday he did have the company of his friend Nicolas Moreno, another father seeking custody of his two sons.

How did it all end?

Well, on Monday a meeting did take place between Minister for Justice Christiane Taubira, Minister for Families Dominique Bertinotti, and a few fathers’ rights organizations, primarily two groups called SOS Papa (‘SOS Dad’) and SVP Papa (‘Please, Dad’).

The meeting didn’t resolve the problems of French parental custody laws – France Inter radio called it ‘stormy and disappointing’ – but it was enough to persuade Serge Charnay to descend from the crane which had, for one week, become France’s most photographed structure.

What has the reaction been like in France toward Serge Charnay?

Sharply divided. Over the weekend, there was a lot of sympathy for him, and the ‘courage’ of his dramatic gesture. He had the backing of the SVP Papa group, for example. However, as revelations began to emerge on Sunday and Monday about Charnay’s past legal violations, and a possible propensity towards violence, the tone of media reports began to shift.

Photo: Charnay at an SVP Papa protest in Nantes on February 20th. Frank Perry/AFP

Some have associated Charnay with an anti-feminist, or even misogynist streak within the fathers’ rights movement, and the wider ‘masculinist’ movement. On Tuesday, a video emerged on the internet of SVP Papa members from the north of France singing a song with crude, vulgar lyrics and the chorus “toutes les femmes puent, il n’y a que les hommes qui sentent bon” (literally, “all women stink, only men smell good.”)

As soon as he came down from the crane on Monday afternoon, Charnay launched an attack on what he called “the women who govern us.” One of them, family minister Dominique Bertinotti responded by saying, “I can’t prevent misogynistic, macho opinions – there are too many of them out there,” according to weekly magazine L’Express.

What’s been the impact of his actions this week?

He has started a debate in France – about parental custody in particular, and the rights and roles of men and women, in general. It has since been revealed for example that in France, 72% of divorces result in sole custody of children for the mother. On Wednesday, L’Express posed the question, “Serge Charnay: tearful father, or masculinist figurehead?”

He has also inspired other men to similar protests. On Saturday night an estranged father in the western town of Saintes climbed on to the roof of his apartment in protest, and threatened to jump off, before safely descending at 1am. The next morning, yet another father, who had been denied contact with his son for three years, scaled a crane in Strasbourg and stayed there for two hours.

What one moment sums him up?

It has to be his descent – to sparse applause – from the crane in Nantes on Monday afternoon. Depending on your viewpoint, this is either a tragic moment of delusional self-defeat, a triumphant illustration of one man’s love for his child, or the inevitable end of a manipulative misogynist’s 15 minutes of fame.

What do others say about him?

“Serge Charnay is solely responsible for the breakdown of his parental rights, and his so-called fight mustn’t be confused with that of the many fathers who are unjustly kept away from their children,” Sandrine Caron, lawyer for Charnay’s ex-wife was quoted as saying in French daily Le Monde.

What does he have to say for himself?

“What annoys me most is that the cause of dads is not heard, and that the women who govern us make fun of us. We’re going to have fight them even harder. These lovely ladies still think we can’t change a baby’s nappy or take care of them,” Charnay was quoted as saying in Rue 89.
 

The Local's 'French face of the week' is a person in the news who – for good or ill – has revealed something interesting about the country. Being selected as French face of the week is not necessarily an endorsement.

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PROPERTY

French property: What is buying ‘en tontine’?

If you're buying property in France, you might be thinking about buying 'en tontine' - this has advantages especially when it comes to France's strict inheritance laws, but can also have tax implications.

French property: What is buying 'en tontine'?

What is it?

The ‘clause de tontine’ sometimes also known as a ‘clause d’accroissement’ is a clause that is inserted into the property deeds when you are buying a house or apartment.

It can only be inserted during the purchase, and cannot be added later.

It’s basically a ‘group purchase’. It’s most commonly used by unmarried couples who are buying together but it can be used by larger groups too – for example a group of friends buying a holiday home together.

You will have to ask a notaire to draw up the tontine clause during the property purchase and it can only be used if 

  • the parties are equally involved in the financing of the purchase
  • the parties involved have a roughly equal life expectancy (for this reason tontine clauses may be rejected if there is a significant difference in age between the purchasers)

What’s the point of it?

The main reason that people use it is to sidestep France’s strict inheritance laws, which assign that a certain portion of every estate must go to children, at the expense of a partner. 

READ ALSO How France’s strict inheritance laws work

For this reason it is particularly used by couples who have children from previous relationships.

On a property with a tontine clause in effect, when one owner dies their share of the property passes in its entirely to the other member/members of the tontine.

This cuts out children from inheritance, but means that a surviving partner is not evicted from their home in favour of the children of the deceased. 

It also has the advantage of making the intentions of the deceased clear, to avoid arguments among heirs after their death.

It should be noted, however, that the tontine clause only takes in the property that it covers – other assets may be subject to French inheritance law so it’s therefore probably wise to arrange a will, to ensure your wishes for your estate are met.

The surviving party can ask a notaire to update the property deeds to show that they are the sole owner, if they want. Be aware there will be a fee, which could reach four figures for the privilege – and it doesn’t actually involve any change to the property title.

Drawbacks

The advantages of the system are clear, especially for blended families, but there are some potential drawbacks too, which mean that anyone considering buying in this way would be well advised to take proper legal advice before they start.

Inheritance tax – while a tontine will help you to avoid restrictions on inheritance, it does not exempt you from inheritance tax. French inheritance tax is structured according to your relationship to the deceased, and people who are neither married nor related to the deceased pay an eye-watering inheritance tax rate of 60 percent.

The only exception to this top rate of inheritance tax is if the property is your main residence and it is valued at under €76,000 – in that case, tax is paid at a rate of 5.8 percent.

Married couples and family members pay a much lower rate or not tax, but if you’re not married to your tontine co-purchaser, be careful that you’re not lining yourself up for a massive tax bill in future years.

Wealth tax – depending on the value of the property, it could tip you over into the ‘wealth tax’ category when you inherit. France’s wealth tax is a real estate based tax and is levied on anyone who has real estate assets (property and land) worth €1.3 million or more.

The calculation includes property held en tontine.

Tax savings – you might hear tontines being advised as a way to limit your French tax liability.

While this used to be true, changes to tax laws means there are no no significant tax advantages to buying this way – the same is true for buying a property via an SCI, which used to represent a tax saving until the law was tightened up.

Disinheriting family membersOne side effect of the tontine clause on mixed families is to effectively disinherit any children of the first person to die.

Because the property passed to the survivor, under French law, only their direct descendants – rather than any family by marriage – are entitled to automatic inheritance.

That means that the children of the surviving partner will be entitled to the statutory share of the entire asset (between 25 and 30 percent depending on the number of children), but the children of the first person to die will be entitled to nothing. Obviously you can choose to leave them something in your will, but you can only leave them some or all of the estate which is not automatically given to the children on the survivor.

Divorce/dispute – if the members of the tontine split up or (in the case of friends) fall out, then they can either sell the whole property or agree to buy each other out.

However, if one party refuses to sell, then you have very limited legal options – unlike a standard property purchase a tontine is not regarded as joint ownership, so one partner cannot be forced to sell as part of a divorce procedings, for example.

Basically the tontine can only be ended or changed with the agreement of all parties – so if you can’t agree between yourselves then you may be stuck with it.

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